1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.

3. ROLL CALL

    Members present

Town Administrator Cotta, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present.       

BUSINESS BROUGHT BEFORE THE COUNCIL

President deMedeiros asked for a motion to move agenda item 6-A before Consent Agenda due to scheduling issues for Sahady.

Councilor Perry motioned to move agenda item 6-A before Consent Agenda. Councilor Edwards seconded the motion. The motion passed unanimously.

Ultimately, Mary Sahady wasn’t ready for the earlier presentation therefore Council went ahead with Consent Agenda items as previously scheduled.

President deMedeiros read the items on the Consent Agenda.

4. CONSENT AGENDA

Note 3:  All items listed within the Consent Agenda are to be considered routine by Town Council and will
                ordinarily be enacted by one motion. There will be no separate discussion of these items unless a
                member of the Council, or a member of the public so requests and the Town Council President permits,
                in which event the item will be removed for separate consideration later on the agenda.

5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

6. PRESENTATIONS

            A. Hague, Sahady & Co. P.C. - Annual Financial Report Year Ending June 30, 2020

Mary Sahady, Raquel Machado and Josianne Araujo with Hague, Sahady & Co., Town Treasurer Saurette as well as School Finance Director Amy Roderick were present.

Hague, Sahady & Co. Partner Mary Sahady gave the Annual Financial Report presentation that consisted of a review of the Town’s 2020 Audit Results and a review of the Town’s 2020 Uniform Guidance Report. She prefaced her presentation noting that both audit reports included in the annual financial statement received an “unmodified report” as well as a report of “no findings.”  She reviewed assets, liabilities, the balance sheet and equity positions. One significant deficiency was identified with regard to the School Department not minimizing the time between disbursement and receipt of grant funds. An additional minor finding was the interfund activities was not reconciled between the Town and School department monthly. Ms. Sahady completed her presentation with a recommendation that the Town may wish to pursue the GFOA for the Certificate of Achievement in Financial Report.

7. PUBLIC HEARINGS (ADVERTISED)

            A. Discussion and possible vote on proposed amendment to remove sunset provision from Tiverton

                  Code of Ordinances Chapter 2 Administration Section 2-107 Casino Gaming Revenue
                   The proposal may be altered or amended prior to the close of the public hearing without further
                   advertising, as a result of further study or because of the views expressed at the public hearing.

Councilor deMedeiros read the Ordinance in its entirety. She had initiated the amendment to remove the 6/30/2021 sunset expiration date citing casino account uncertainties and her long held belief that the funds should be in a reserved account. She asserted if the proposal passed, she would move to form a special committee involving the Council, School and Budget committees and public members to develop responsible spending plans.   

President deMedeiros then opened the Public Hearing.

Opposition was voiced from some council members, a School Committee member and some residents. Former councilwoman Nancy Driggs argued that the public should decide via the FTR how revenue should be spent, reminding that in 2018 townspeople voted against a proposed charter change to restrict casino money. Councilor Cook, also opposed, echoed similar concerns. Resident Justin Katz, concerned about the threat to representative democracy, disagreed with a restricted fund completely under Council control and asserted the resolution should be on the FTR ballot. School Committee Vice Chairwoman Diane Farnworth, also in opposition, opined that holding funds was contrary to the spirit of the FTR adding that as much as $1 million could be available next fiscal year. Councilor Perry noted that he would not go against the vote of the people in 2018.

At the request of Councilor deMedeiros, Solicitor Marcello re-affirmed council had the right to restrict the funds, citing the three-page opinion he wrote in February. 

Resident Joel Bishop asked what harm would there be in letting the public decide?

Councilor Janick, agreeing with the 3% fund balance and development of the committee, but felt excess monies should be available to both the municipal and school sides. Councilors Edwards supported the amendment but questioned removing the date entirely and pointed out that Fiscal Year 2022 language in item (d) would likely need editing. Councilor Burk, also in support, volunteered to oversee the special committee.

Administrator Cotta asked multiple times if others from the public wished to speak; there were none. President deMedeiros then closed the Public Hearing.

Councilor Burk motioned to amend language in section (d) of proposed Ordinance amendment from Fiscal Year 2022 to Fiscal Year 2023. Seconded by Councilor Edwards, the motion passed 4-3, with Councilors Cook, Perry and Vieira opposed.

Councilor Burk motioned to approve the proposed ordinance to remove sunset provision in Tiverton Code of Ordinances Chapter 2 Administration Section 2-107 Casino Gaming Revenue, including section (d) amendment above. Seconded by Councilor Edwards.

Prior to the vote, discussion ensured relative to the removal or extension of the sunset provision. Therefore, 

Councilor Janick motioned to amend the motion changing the sunset provision date to 6/30/2022 in Tiverton Code of Ordinances Chapter 2 Administration Section 2-107 Casino Gaming Revenue. Seconded by Councilor Vieira, the motion passed 5-2 with Councilors Perry and Cook opposed.  

Councilor Burk motioned to approve the Tiverton Code of Ordinances Chapter 2 Administration Section 2-107 Casino Gaming Revenue with amendments - to section (d) from Fiscal Year 2022 to Fiscal year 2023 and to extend the sunset provision expiration date from 6/30/2021 to 6/30/2022. Seconded by Councilor Edwards, the motion passed 5-2 with Councilors Perry and Cook opposed. 

8. BOARD OF LICENSING

9. APPOINTMENTS AND RESIGNATIONS

            A. Tiverton Housing Authority – (5) Member Board - (5) Year Terms - (1) Vacancy

10. GENERAL BUSINESS

11. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

            A. Town Clerk – Update on March 2, 2021 Special Referenda

Clerk Chabot reported that the qualification of provisional ballots was completed by Board of Canvassers, 7 were accepted and 2 disqualified. Next steps are to certify the vote, provided state completes their process. Of 1795 mail ballots requested, 1395 were returned and accepted by the Board of Elections, 53 were disqualified, and 2 were deficient. Town Hall received 186 early voters and 359 cast votes on Election Day. Of the provisional ballots, 7 were accepted and 2 disqualified. The preliminary election cost is $7,222.71 with a $3,946.97 grant offsetting total cost to $3,275.74 with one outstanding invoice remaining. 

12. CLOSED EXECUTIVE SESSION

            A. Town Administrator – RIGL 42-46-5(a)(2) – Collective Bargaining – IBPO

Councilor Edwards motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) – Collective Bargaining – IBPO. Seconded by Councilor Janick, the motion passed unanimously.

            B. Town Administrator - RIGL 42-46-5(a)(5) - Discussions/overview of the disposition of publicly held
                 property in the Tiverton Industrial Park – continued from January 25, 2021 meeting

            C. Town Administrator – RIGL 42-46-5(a)(1) – Discussion related to personnel including job
                  performance of Building Official with Notice served

Councilor Perry motioned to table items 12-A and 12-B until next meeting. Seconded by Councilor Vieira, the motion passed unanimously.

            D. Town Solicitor – Litigation – 42-46-5(a)(2) – Discussion of case status and exploration of resolution

      for Tiverton v. Lee Shore Realty, et al. (Shore Road Case) CA No: NC 2016-0462

Councilor Perry motioned to enter executive session pursuant to Litigation – 42-46-5(a)(2) – Discussion of case status and exploration of resolution for Tiverton v. Lee Shore Realty, et al. (Shore Road Case) CA No: NC 2016-0462. Seconded by Councilor Vieira, the motion passed unanimously.

Council entered executive session at approximately 10:10 p.m.

Council returned to open session at approximately 11:18 p.m.

The Town Council reconvened in open session following the conclusion of the executive session.

Councilor Burk motioned to seal the minutes of Executive Session. Councilor Edwards seconded the motion. A roll call vote was taken to seal the minutes of the executive session with all members voting in the affirmative.

Solicitor Marcello reported executive session discussion under A with no vote taken and discussion under D where a vote was taken but the disclosure of which would jeopardize the legal strategy of the town and therefore will not be disclosed at this time. It will be disclosed at a later date when circumstances warrant it.

13. ADJOURNMENT

Councilor Burk made a motion to adjourn the meeting. Councilor Edwards seconded the motion. The motion passed unanimously. The meeting adjourned at 11:19 p.m.

A True Copy.

ATTEST_________________________

                 Joan B. Chabot, Town Clerk